Common use of Selection, Sale and Contribution of Receivables and other Sold Assets Clause in Contracts

Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the Originator may from time to time sell or contribute to the SPV, and the SPV may purchase from the Originator, all of the Originator’s right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts and proceeds of the foregoing, in each case whether now existing or hereafter arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall be evidenced by an Assignment Agreement and shall occur as of the “Purchase Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The Originator will insure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the SPV, any of the Lenders or their assignees in such selection for sale to the SPV. (b) Each transfer of an Eligible Receivable pursuant to an Assignment Agreement shall be effective as of the date set forth in such Assignment Agreement. The Originator will, on the effective date of any such sale, xxxx its computer files relating to such Receivables, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof have been sold or contributed, as the case may be, to the SPV and are no longer assets of the Originator. (c) The Related Security, Excluded Amounts and any proceeds relating to any Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Receivable is sold or contributed hereunder, whether such Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 2 contracts

Samples: Sale Agreement (Commercial Credit, Inc.), Sale Agreement (Commercial Credit, Inc.)

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Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the Originator may from time to time sell or contribute does hereby sell, transfer, assign, set over and otherwise convey to the SPVDepositor, and the SPV may purchase from the Originator, all of without recourse (subject to the Originator’s obligations set forth herein) and the Depositor hereby purchases, all right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts and proceeds of the foregoingOriginator in and to the Sold Assets, in each case whether now owned or existing or hereafter acquired or arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall The Pool Receivables sold and/or contributed pursuant to this Agreement will be evidenced by an Assignment Agreement and shall occur Eligible Receivables as of the “Purchase Closing Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The Originator will insure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the SPVDepositor, any of the Lenders Issuer or their assignees in such selection for sale to the SPVIndenture Trustee. (b) Each The transfer of an Eligible Receivable the Sold Assets pursuant to an Assignment this Agreement shall be effective as of the date set forth in such Assignment AgreementClosing Date. The On the Closing Date, the Originator will, on the effective date of any such sale, will xxxx its computer files relating to such ReceivablesSold Assets, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof Sold Assets have been sold or contributed, as the case may be, to the SPV Depositor and are no longer assets of the Originator. (c) The Related Security, Excluded Amounts Security and any proceeds relating to any Pool Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Pool Receivable is sold or contributed hereunder, whether such the applicable Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 1 contract

Samples: Purchase Agreement (Commercial Credit, Inc.)

Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the Originator may from time to time sell or contribute does hereby sell, transfer, assign, set over and otherwise convey to the SPVDepositor, and the SPV may purchase from the Originator, all of without recourse (subject to the Originator’s obligations set forth herein) and the Depositor hereby purchases, all right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts and proceeds of the foregoingOriginator in and to the Sold Assets, in each case whether now owned or existing or hereafter acquired or arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall The Pool Receivables sold and/or contributed pursuant to this Agreement will be evidenced by an Assignment Agreement and shall occur Eligible Receivables as of the “Purchase Closing Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The Originator will insure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the SPVDepositor, any of the Lenders Issuer or their assignees in such selection for sale to the SPVIndenture Trustee. (b) Each The transfer of an Eligible Receivable the Sold Assets pursuant to an Assignment this Agreement shall be effective as of the date set forth in such Assignment Agreementhereof. The On the date hereof, the Originator will, on the effective date of any such sale, will xxxx its computer files relating to such ReceivablesSold Assets, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof Sold Assets have been sold or contributed, as the case may be, to the SPV Depositor and are no longer assets of the Originator. (c) The Related Security, Excluded Amounts Security and any proceeds relating to any Pool Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Pool Receivable is sold or contributed hereunder, whether such the applicable Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 1 contract

Samples: Purchase Agreement (Commercial Credit, Inc.)

Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the U.S. Originator may from time to time sell or contribute to the U.S. SPV, and the U.S. SPV may purchase from the U.S. Originator, all of the U.S. Originator’s right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts Security and proceeds of the foregoing, in each case whether now existing or hereafter arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall be evidenced by an Assignment Agreement and shall occur as of the “Purchase Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The U.S. Originator will insure ensure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the U.S. SPV, any of the Lenders or their assignees in such selection for sale to the U.S. SPV. (b) Each transfer of an Eligible Receivable pursuant to an Assignment Agreement shall be effective as of the date set forth in such Assignment Agreement. The U.S. Originator will, on the effective date of any such sale, xxxx its computer files relating to such Receivables, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof have been sold or contributed, as the case may be, to the U.S. SPV and are no longer assets of the U.S. Originator. (c) The Related Security, Excluded Amounts Security and any proceeds relating to any Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Receivable is sold or contributed hereunder, whether such Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 1 contract

Samples: Sale Agreement (Commercial Credit, Inc.)

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Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the Originator may from time to time sell or contribute to the SPV, and the SPV may purchase from the Originator, all of the Originator’s right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts Security and proceeds of the foregoing, in each case whether now existing or hereafter arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall be evidenced by an Assignment Agreement and shall occur as of the “Purchase Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The Originator will insure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the SPV, any of the Lenders or their assignees in such selection for sale to the SPV. (b) Each transfer of an Eligible Receivable pursuant to an Assignment Agreement shall be effective as of the date set forth in such Assignment Agreement. The Originator will, on the effective date of any such sale, xxxx its computer files relating to such Receivables, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof have been sold or contributed, as the case may be, to the SPV and are no longer assets of the Originator. (c) The Related Security, Excluded Amounts Security and any proceeds relating to any Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Receivable is sold or contributed hereunder, whether such Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 1 contract

Samples: Sale Agreement (Commercial Credit, Inc.)

Selection, Sale and Contribution of Receivables and other Sold Assets. On the terms and subject to the conditions set forth herein, the Originator may from time to time sell or contribute does hereby sell, transfer, assign, set over and otherwise convey to the SPVDepositor, and the SPV may purchase from the Originator, all of without recourse (subject to the Originator’s obligations set forth herein) and the Depositor hereby purchases, all right, title and interest in, to and under the Receivables described below and all Related Security, Excluded Amounts and proceeds of the foregoingOriginator in and to the Sold Assets, in each case whether now owned or existing or hereafter acquired or arising or acquired as follows: (a) Each sale and contribution of a Receivable, the Related Security, Excluded Amounts, Collections, and proceeds of the foregoing shall The Pool Receivables sold and/or contributed pursuant to this Agreement will be evidenced by an Assignment Agreement and shall occur Eligible Receivables as of the “Purchase Closing Date” specified in the Assignment Agreement. The Receivables to be sold and/or contributed shall be listed on the Contract Schedule to the relevant Assignment Agreement. The Originator will insure that no such Eligible Receivable shall be subject to any adverse selection which could reasonably be expected to be materially unfavorable to the SPVDepositor, any of the Lenders Issuer or their assignees in such selection for sale to the SPVIndenture Trustee. (b) Each The transfer of an Eligible Receivable the Sold Assets pursuant to an Assignment this Agreement shall be effective as of the date set forth in such Assignment AgreementClosing Date. The On the Closing Date, the Originator will, on the effective date of any such sale, will xxxx its computer files relating to such ReceivablesSold Assets, together with its other related books and records, with a notification indicating that such Receivables, together with all Related Security and proceeds thereof Sold Assets have been sold or contributed, as the case may be, to the SPV Depositor and are no longer assets of the Originator. (c) The Related Security, Excluded Amounts Security and any proceeds relating to any Pool Receivable which are received after the related Cut-Off Date shall be sold or contributed at the same time as such Pool Receivable is sold or contributed hereunder, whether such the applicable Related Security and proceeds exist at such time or arise or are acquired thereafter.

Appears in 1 contract

Samples: Purchase Agreement (Commercial Credit, Inc.)

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